SCHEDULECONSEQUENTIAL AMENDMENTS

PART 1PRIMARY LEGISLATION

Further and Higher Education Act 1992

1. In section 33M of the Further and Higher Education Act 1992(1), at the end insert “(and, as a result of its inclusion in Schedule 2 to the Charities Act 1993, is an exempt charity for the purposes of that Act)”.

Charities Act 1993

2. In section 3A(5)(a) of the Charities Act 1993(2), after “3(5B)(a)” insert “(ii)”.

School Standards and Framework Act 1998

(a)in subsection (1A) for the words from “is an institution” to the end substitute “is, as a result of its inclusion in Schedule 2 to the Charities Act 1993, an exempt charity for the purposes of that Act.”; and

(b)in the case of a formerly specified educational institution, the charity trustees of that charity have prepared a statement of account in respect of the standard financial year (whether under section 46 of that Act or otherwise).”.

(7) In article 19 omit paragraphs (2) and (3).

(8) In article 21(2), for “the transitional period end date a relevant educational charity” substitute “the exempt charity appointed day an Education Action Forum”.

(9) For article 22(1) substitute—

“(1)For the purposes of section 24 of the 1993 Act(12) (including the purposes of that section as applied by section 25 of that Act(13)), a relevant educational charity is to be treated—

(a)in the case of a formerly specified institution, as having been an exempt charity during the period starting on 31st January 2009 and ending immediately before the tranche 2 exempt status day;

(b)in the case of an Education Action Forum, before the appointed day, as if it were an exempt charity.”.

8. In regulation 46 of the Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010(15)—

(a)in paragraph (1) omit the words “which is an exempt charity for the purposes of the Charities Act 1993”; and

(b)omit paragraphs (2) and (3).

(1)

Section 33M was inserted by the Apprenticeships, Skills, Children and Learning Act 2009, Schedule 8, paragraphs 1 and 3.

(2)

Sections 3 and 3A were substituted for section 3 as originally enacted by the Charities Act 2006, section 9. The reference in section 3A(5)(a) to section 3(5B) is to that section as in force immediately before the day on which section 3(1) to (5) (as substituted) comes into force. Section 3(5B), which was inserted by the School Standards and Framework Act 1998, Schedule 30, paragraph 48, was repealed by the substitution. There are amendments of section 3A not relevant to this Order.